MD
Maryland Senate Bill SB111

Maryland 2024 Regular Session

Maryland Senate Bill SB111 Compare Versions

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1- WES MOORE, Governor Ch. 877
21
3-– 1 –
4-Chapter 877
5-(Senate Bill 111)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0111*
810
9-Criminal Procedure – Protection of Identity of Minor Victim
11+SENATE BILL 111
12+E2 (4lr1345)
13+ENROLLED BILL
14+— Judicial Proceedings/Judiciary —
15+Introduced by Senator Sydnor
1016
11-FOR the purpose of requiring, with a certain exception, a party or nonparty making a
12-certain filing in a criminal or juvenile delinquency case to redact certain identifying
13-information relating to a minor victim that appears in the filing; authorizing the
14-Supreme Court of Maryland to adopt rules requiring or authorizing a person making
15-a redacted filing under this Act to also file an unredacted copy under seal providing
16-that a court or a party in a criminal or juvenile delinquency case may not disclose or
17-allow inspection of a certain court filing to a nonparty unless the court or the party
18-redacts certain identifying information relating to a minor victim that appears in the
19-filing, subject to a certain exception; and generally relating to protection of victims.
17+Read and Examined by Proofreaders:
2018
21-BY repealing and reenacting, with amendments,
22- Article – Criminal Procedure
23-Section 11–301
24- Annotated Code of Maryland
25- (2018 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2623
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2925
30-Article – Criminal Procedure
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3127
32-11–301.
28+______________________________________________
29+President.
3330
34- (A) On motion of the State or on request of a victim or witness, during a criminal
35-trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the
36-address or telephone number of the victim or witness unless the court determines that good
37-cause is shown for the release of the information.
31+CHAPTER ______
3832
39- (B) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
40-MEANINGS INDICATED .
33+AN ACT concerning 1
4134
42- (II) “IDENTIFYING INFORMATI ON” MEANS THE NAME OF , AND
43-ANY OTHER INFORMATIO N THAT COULD REASONA BLY BE EXPECTED TO IDENTIFY, A
44-MINOR VICTIM.
35+Criminal Procedure – Protection of Identity of Minor Victim 2
4536
46- (III) “MINOR VICTIM ” MEANS A VICTIM OF A CRIME OR
47-DELINQUENT ACT WHO W AS A MINOR AT THE TI ME THAT THE CRIME OR DELINQUENT
48-ACT OCCURRED . Ch. 877 2024 LAWS OF MARYLAND
37+FOR the purpose of requiring, with a certain exception, a party or nonparty making a 3
38+certain filing in a criminal or juvenile delinquency case to redact certain identifying 4
39+information relating to a minor victim that appears in the filing; authorizing the 5
40+Supreme Court of Maryland to adopt rules requiring or authorizing a person making 6
41+a redacted filing under this Act to also file an unredacted copy under seal providing 7
42+that a court or a party in a criminal or juvenile delinquency case may not disclose or 8
43+allow inspection of a certain court filing to a nonparty unless the court or the party 9
44+redacts certain identifying information relating to a minor victim that appears in the 10
45+filing, subject to a certain exception; and generally relating to protection of victims. 11
4946
50-– 2 –
47+BY repealing and reenacting, with amendments, 12
48+ Article – Criminal Procedure 13
49+Section 11–301 14 2 SENATE BILL 111
5150
52- (2) NOTWITHSTANDING ANY O THER LAW , ON NOTICE THAT AN
53-ELECTRONIC OR PAPER FILING INCLUDES IDENTIFYING INFORMATION OF A MIN OR
54-VICTIM, UNLESS THE COURT FIN DS BY CLEAR AND CONV INCING EVIDENCE THAT
55-THERE IS GOOD CAUSE TO ORDER OTHERWISE , A PARTY OR NONPARTY MAKING AN
56-ELECTRONIC OR PAPER COURT FILING, INCLUDING THE FILING OF A CHARGING
57-DOCUMENT , IN A CRIMINAL OR JUVENILE DELINQUENCY CASE SHALL REDACT AN Y
58-IDENTIFYING INFORMAT ION THAT APPEARS IN THE FILING THE COURT OR A PARTY
59-IN A CRIMINAL OR JUV ENILE DELINQUENCY CA SE MAY NOT DISCLOSE OR ALLOW
60-INSPECTION OF AN ELE CTRONIC OR PAPER COU RT FILING, INCLUDING A CHARGING
61-DOCUMENT , TO A NONPARTY TO THE CRIMINAL OR JUVENILE DELINQUENCY CASE
62-UNLESS THE COURT OR THE PARTY DISCLOSING OR ALLOWING INSPECTI ON OF THE
63-FILING REDACTS ALL I DENTIFYING INFORMATI ON THAT APPEARS IN T HE FILING.
6451
65- (3) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES
66-REQUIRING OR AUTHORI ZING A PERSON MAKING A REDACTED FILING UN DER
67-PARAGRAPH (2) OF THIS SUBSECTION T O ALSO FILE AN UNRED ACTED COPY UNDER
68-SEAL.
52+ Annotated Code of Maryland 1
53+ (2018 Replacement Volume and 2023 Supplement) 2
6954
70- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
71-October 1, 2024.
55+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
56+That the Laws of Maryland read as follows: 4
7257
73-Approved by the Governor, May 16, 2024.
58+Article – Criminal Procedure 5
59+
60+11–301. 6
61+
62+ (A) On motion of the State or on request of a victim or witness, during a criminal 7
63+trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the 8
64+address or telephone number of the victim or witness unless the court determines that good 9
65+cause is shown for the release of the information. 10
66+
67+ (B) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 11
68+MEANINGS INDICATED . 12
69+
70+ (II) “IDENTIFYING INFORMATI ON” MEANS THE NAME OF , AND 13
71+ANY OTHER INFORMATION THA T COULD REASONABLY B E EXPECTED TO IDENTI FY, A 14
72+MINOR VICTIM. 15
73+
74+ (III) “MINOR VICTIM ” MEANS A VICTIM OF A CRIME OR 16
75+DELINQUENT ACT WHO W AS A MINOR AT THE TI ME THAT THE CRIME OR DELINQUENT 17
76+ACT OCCURRED . 18
77+
78+ (2) NOTWITHSTANDING ANY O THER LAW , ON NOTICE THAT AN 19
79+ELECTRONIC OR PAPER FILING INCLUDES IDEN TIFYING INFORMATION OF A MINOR 20
80+VICTIM, UNLESS THE COURT FIN DS BY CLEAR AND CONV INCING EVIDENCE THAT 21
81+THERE IS GOOD CAUSE TO ORDER OTHERWISE , A PARTY OR NONPARTY MAKING AN 22
82+ELECTRONIC OR PAPER COURT FILING, INCLUDING THE FILING OF A CHARGING 23
83+DOCUMENT , IN A CRIMINAL OR JUVENILE DELINQUENCY CASE SHALL REDACT AN Y 24
84+IDENTIFYING INFORMAT ION THAT APPEARS IN THE FILING THE COURT OR A PARTY 25
85+IN A CRIMINAL OR JUV ENILE DELINQUENCY CA SE MAY NOT DISCLOSE OR ALLOW 26
86+INSPECTION OF AN ELECT RONIC OR PAPER COURT FILING, INCLUDING A CHARGING 27
87+DOCUMENT , TO A NONPARTY TO THE CRIMINAL OR JUVENILE DELINQUENCY CASE 28
88+UNLESS THE COURT OR THE PARTY DISCLOSING OR ALLOWING INSPECTI ON OF THE 29
89+FILING REDACTS ALL I DENTIFYING INFORMATI ON THAT APPEARS IN THE FIL ING. 30
90+
91+ (3) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES 31
92+REQUIRING OR AUTHORI ZING A PERSON MAKING A REDACTED FILING UN DER 32
93+PARAGRAPH (2) OF THIS SUBSECTION T O ALSO FILE AN UNRED ACTED COPY UNDER 33
94+SEAL. 34
95+ SENATE BILL 111 3
96+
97+
98+ SECTION 2. AND BE IT FURTHER ENACT ED, That this Act shall take effect 1
99+October 1, 2024. 2
100+
101+
102+
103+Approved:
104+________________________________________________________________________________
105+ Governor.
106+________________________________________________________________________________
107+ President of the Senate.
108+________________________________________________________________________________
109+ Speaker of the House of Delegates.